CORPORATE HEALTH INSURANCE, INC.; Aetna Health Plans of Texas, Inc.; Aetna Health Plans of North Texas, Inc.; and Aetna Life Insurance Company, Plaintiffs-Appellees-Cross-Appellants,
v.
TEXAS DEPARTMENT OF INSURANCE, Defendant-Cross-Appellee,
Jose Montemayor, Commissioner of the Texas Department of Insurance; John Cornyn, Attorney General, State of Texas, Defendants-Appellants-Cross-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
December 16, 2002.
December 16, 2002.
Attorney(s) appearing for the Case
John Bruce Shely, Kendall Matthew Gray, Andrews & Kurth, Houston, TX, for Plaintiffs-Appellees-Cross-Appellants.
David Calvin Mattax, Christopher D. Livingston, Asst. U.S. Attys., Austin, TX, for Montemayor and Cornyn.
David E. Keltner, Jose, Henry, Brantley & Keltner, George Parker Young, The Law Offices of George Parker Young, Fort Worth, TX, for Montemayor.
George William Scott, U.S. Dept. of Labor, Washington, DC, for Herman, Secretary of Labor, U.S. Dept. of Labor, Amicus Curiae.
Sarah Lenz Lock, Michael Robert Schuster, American Ass'n of Retired P{ersons, Washington, DC, for AARP, Amicus Curiae.
Leonard A. Nelson, American Medical Ass'n, Chicago, IL, Joseph Robert Guerra, Sidley, Austin, Brown & Wood, Washington, DC, Donald P. Wilcox, Texas Medical Ass'n, Austin, TX, for American Medical Ass'n and Texas Medical Ass'n, Amicus Curiae.
Patricia Anne Becker, Austin, TX, for Texas Ass'n of Health Plans and Health Ins. Ass'n of America, Amicus Curiae.
Anthony R. Shelley, Miller & Chevalier, Washington, DC, for Blue Cross and Blue Shield Ass'n and Ass'n of Fed. Health Organization, Amicus Curiae.
James R. Barnett, Gordon & Barnett, Washington, DC, for Ass'n of Fed. Health Organization, Amicus Curiae.
Before HIGGINBOTHAM, Circuit Judge, and ATLAS, District Judge.
United States Court of Appeals, Fifth Circuit.
ON REMAND FROM THE UNITED STATES SUPREME COURT
PER CURIAM:
This case is before us on remand from the Supreme Court,2 for further consideration in light of Rush Prudential HMO, Inc. v. Moran.3 Although the Court vacated our opinion in its entirety, only one holding of our opinion in Corporate Health v. Texas Department of Insurance4 was affected by the Court...
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